Sullivan and Tyler and Anor; (No. 2)

This matter involves Sullivan and Tyler and Anor; (No. 2) where the dispute pertains to the enforcement of certain orders made by the Full Court on 28 August 2015. The applicant-appellant, Ms Sullivan, sought relief from the Family Court of Australia. The legal issues before the court were the operation and enforcement of specific orders, as well as the requirement for the appellant to provide security for costs in the event the High Court refuses an application for special leave to appeal.

The court considered the implications of Orders 2 and 3 of the Full Court's orders and the effect of a potential refusal of the special leave to appeal by the High Court. The court noted that if the High Court refused the application for special leave to appeal, Ms Sullivan would need to lodge a sum of $12,000 as security for any costs awarded to the second respondent in relation to Appeal EA 51 of 2013. The court also addressed the dismissal of the appeal if Ms Sullivan failed to lodge the required security. The court emphasised the importance of adherence to the procedural requirements set out in the orders and the potential consequences for non-compliance.

The court granted the stay of Orders 2 and 3 pending the High Court's decision on the application for special leave to appeal. It specified that if the High Court refused the application, Ms Sullivan would have fourteen days from the date of the High Court's decision to lodge the required security. Furthermore, the court dismissed the application in the appeal filed on 9 September 2015 and made no order for costs in relation to that application.

This decision outlines the procedural steps and the conditions under which Ms Sullivan must comply to avoid dismissal of the appeal. The court's orders ensure that the appeal process remains on track and that the parties are aware of the consequences of not adhering to the stipulated requirements.